AT794740CRA - Retail and Wholesale Industry - Shop Employees - Australian Capital Territory - Award 2000 [Transitional]
27.1 Application
This clause applies only to night-fill operations performed in a shop where the major portion of the shift occurs after the shop has closed.
27.2 Full-time employees
27.2.1 Despite any other provision for ordinary hours within the award, an employee may be engaged to work on any day Monday to Sunday, afternoon or night shifts providing they are paid the following additional allowances:
27.2.1(a) Monday to Friday
27.2.1(b) Saturday
Shifts as defined in 27.2.1(a), finishing after midnight on a Friday and at or before midnight on a Saturday - 50%.
27.2.1(c) Sunday
27.2.2 Juniors
Junior shift workers must receive the following percentages of the appropriate adult rate prescribed in 18.2 of this award:
27.2.2(a) At eighteen years of age and under - 70%;
27.2.2(b) At nineteen years of age - 80%;
27.2.2(c) At twenty years of age - 90%;
plus the appropriate additional allowance as prescribed in 27.2.1 hereof.
27.3 Regular part-time employees
27.3.1 Ordinary hours of work, exclusive of meal times, must not be less than four hours work each shift.
27.3.2 All time between the actual commencing time and the actual ceasing time on any one day will count and be paid for as time worked.
27.3.3 The performance of work on any night which is additional to those nights contained in any employee’s particular roster week will be at the option of the employee.
27.3.4 Where an employee agrees to work an additional night or nights then the employee must be paid at ordinary time for the additional night or nights unless the work performed is in excess of eight hours on any shift, or in excess of 30 hours in any week, or in excess of five starts for the week.
27.3.5 The provisions contained under this paragraph will apply only to part-time employees working afternoon shift and/or night shift.
27.3.6 In the case of an employee working day shift plus afternoon and/or night shift in a single week, the provisions of this paragraph only apply for any afternoon and/or night shift.
27.3.7 The provisions of 27.2 apply to part-time employees.
27.3.8 The provisions will not be used as precedent to achieve similar flexibility for day work.
27.4 Casual employees
Casual employees must be paid the appropriate additional allowance as prescribed in 27.2.1 in addition to the appropriate hourly rate as prescribed in 13.4.3(b) of this award. However for junior casual employees, the hourly rate must be decided by reference to the percentages prescribed in 27.2.2 hereof.
27.5 Overtime
An employee engaged on shift work must be paid overtime at the rate of time and a half for the first two hours and double time for all other hours worked:
27.5.1 In excess of 38 hours each week;
27.5.2 In excess of five days in any week;
27.5.3 In excess of eight hours on any shift; or
27.5.4 Before an employee’s regular commencing time on any one day and/or after an employee’s regular ceasing time on any one day except in the case of part-time employees whose commencing and/or ceasing time has been varied within the terms of 27.3.4.
27.5.5 Any portion of an hour less than 30 minutes will be reckoned as 30 minutes, and any portion of an hour over 30 minutes will be reckoned as one hour.
27.6 Crib breaks and rest pauses
27.6.1 An employee engaged on shift work must be provided with a crib break of not less than twenty minutes where that employee works more than five hours. This crib break must be taken between the fourth and sixth hour of work and be counted and paid for as time worked.
27.6.2 An employee who works seven hours or more on any day will be allowed both a crib break and one paid rest pause of ten minutes. However where the crib break begins on or before the middle of a shift then the rest pause will be taken after the crib break and where the crib break begins after the middle of a shift then the rest pause is to be taken before the crib break.
27.6.3 An employee who works for five hours or less, but more than four hours on any shift must be allowed a paid rest pause of ten minutes.
27.6.4 No rest pause is to be given or taken within one hour of the employee’s commencing or ceasing time, or within one hour before or after any crib break.
27.7 Exemptions
The general provisions of this award apply to shift workers with the following exceptions:
